LAW 7083
:
Comparative Law
This course provides a comparative perspective on the legal traditions other than the common law tradition. Readings on the institutions and doctrines of foreign legal traditions will be complemented with materials on the most significant social, economic, and political factors that shaped the legal traditions in various civil law countries, especially continental Europe, Eastern Asia, and Latin America. After a brief introduction to the practical applications of the comparative method as applied to domestic problems and international transactions, the course will trace the historical development of the other legal traditions, including the influences of Roman law and the codification movement in Continental Europe, Japan, and Latin America, as well as the very different Confucian and Islamic legal traditions. The course will then examine the main institutions of the civil law tradition, focusing primarily on the legal professions and the judicial process. Attention is also given to particular aspects of civil and criminal procedure. This course is aimed at introducing American law students to some basic problems and techniques of comparative law that may be taken up later in more detail in specialized courses focusing on a particular jurisdiction or region.